PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING HEALTHY MINDSET MIRACLES'S WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement governs your use of Healthy Mindset Miracles' website, www.healthymindsetmiracles.com, and the offer of products for purchase on this website. This Agreement includes, and incorporates by reference, the policies and guidelines referenced below. Healthy Mindset Miracles reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Healthy Mindset Miracles encourages you to review this Agreement whenever you visit the Website to ensure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter the terms or conditions of any other written agreement you may have with Healthy Mindset Miracles for other products or services. If you do not agree to this Agreement, please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer: This Website offers for sale certain products. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify Healthy Mindset Miracles sales representatives, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue receiving further emails and call solicitations from Healthy Mindset Miracles and its designated in-house or third-party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt-out of future solicitations:
Proprietary Rights: Healthy Mindset Miracles has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by Healthy Mindset Miracles. Healthy Mindset Miracles also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Sales Tax: If you purchase any Products, you will be responsible for paying any applicable sales tax, unless we are required by law to gather that tax at the time of sale.
II. WEBSITE
Content; Intellectual Property; Third-Party Links: In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about relationships and related topics. Healthy Mindset Miracles does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Healthy Mindset Miracles does create the content on this Website, such content is protected by intellectual property laws of the United States, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Healthy Mindset Miracles does not endorse the contents of any such third-party websites. Healthy Mindset Miracles is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: Healthy Mindset Miracles is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will:
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Healthy Mindset Miracles or the applicable third party (if third-party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Healthy Mindset Miracles a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Healthy Mindset Miracles does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Healthy Mindset Miracles is not liable for any damage or harm resulting from any posts by or interactions between users. Healthy Mindset Miracles reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Healthy Mindset Miracles deems objectionable, in Healthy Mindset Miracles' sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS IS AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTHY MINDSET MIRACLES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HEALTHY MINDSET MIRACLES MAKES NO WARRANTY:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
HEALTHY MINDSET MIRACLES'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
HEALTHY MINDSET MIRACLES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM:
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend, and hold harmless Healthy Mindset Miracles, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
When Healthy Mindset Miracles is threatened with suit or sued by a third party, Healthy Mindset Miracles may seek written assurances from you concerning your promise to indemnify Healthy Mindset Miracles; your failure to provide such assurances may be considered by Healthy Mindset Miracles to be a material breach of this Agreement. Healthy Mindset Miracles will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Healthy Mindset Miracles' choice at its expense. Healthy Mindset Miracles will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Healthy Mindset Miracles against any claim, but you must receive Healthy Mindset Miracles prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. PRIVACY
Healthy Mindset Miracles believes strongly in protecting user privacy and providing you with notice of the use of data. Please refer to Healthy Mindset Miracles' privacy policy, incorporated by reference herein, that is posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure: Healthy Mindset Miracles will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to an earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: Healthy Mindset Miracles may at any time, in its sole discretion and without advance notice to you, cease the operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and Healthy Mindset Miracles and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Healthy Mindset Miracles to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction: This Website originates from River Falls, Alabama. This Agreement will be governed by the laws of the State of Alabama without regard to its conflict of law principles to the contrary. Neither you nor Healthy Mindset Miracles will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for the breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Alabama. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Healthy Mindset Miracles reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and Healthy Mindset Miracles may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Healthy Mindset Miracles reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Healthy Mindset Miracles chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Healthy Mindset Miracles makes no representation that the Website or Products are appropriate or available for use outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Healthy Mindset Miracles may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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